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No New Court Date Scheduled For Two While Waiting on Appeal
Wednesday, June 29, 2011 • Posted June 30, 2011 • Updated June 30, 2011 11:35 AM

According to the district clerk’s office in Gillespie County, no new court setting has been scheduled for Shelby Moore and Brandon Harber. The two are both charged with the first-degree felony murder of Trey Noah as well as tampering with physical evidence, a second-degree felony. They were both arrested in June 2010 and are now released on bond.

An appeal of a motion to suppress is making its way through the appeals court, Harber’s lawyer, Bernard Campion, said in a phone interview, and the cases are at a standstill until the court can make a ruling. With the court’s mile-long docket, the process could take months.

Back in February, defense attorney Kurt Rudkin argued that Shelby Moore was not advised of his rights when he gave a statement to Texas Ranger Wayne Matthews on June 10, 2010, implicating himself in conjunction with the murder of his cousin, Trey Noah.

Rudkin requested the motion to suppress the statements, both oral and written made by Moore, citing that Moore was not read his rights until after he put his oral statement in writing. Assistant District Attorney Steve Wadsworth opposed the suppression of the statements as evidence.

The judge granted the motion to suppress, Wadsworth reported on Tuesday. The prosecution is now appealing the portion of the motion that was granted.

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